George Mason & Alexander Moore v. Matilda Derrick. Mandate

 

United States of America, ss.
The President of the United States of America,

To the Honorable the Judges of the Circuit Court, of the United States for the District of Columbia in the County of Washington greeting:

Whereas, lately, in the Circuit Court of the United States, for the district of Columbia in the County of Washington before you, or some of you, in a cause, wherein Negro Matilda Derrick for herself and her children was Plaintiff on a petition for freedom and George Mason & Alexander Moore were Defendants, It was considered by the said Circuit Court that the said Matilda Derrick & her children Lucy, Matilda & Louisa under the age of twenty one the Petitioners aforesaid recover their freedom of and against the said George Mason & Alexander Moore & that they be free and discharged of and from the service of the said George & Alexander & that the said petitioners go thereof freed & discharged without day &c & recover against the said George & Alexander the sum of for their costs & charges &c by the said Court unto said petitioners adjudged with their assembly as by the inspection of the transcript of the record of the said Circuit Court, which was brought into the Supreme Court of the United States, by virtue of a Writ of Error agreeably to the act of Congress in such case made and provided, fully and at large appears. And whereas, in the present term of February January in the year of our Lord one thousand eight hundred and twenty seven the said cause came on to be heard before the said Supreme Court, on the said transcript of the record, and was argued by counsel; on consideration whereof, It is ordered and adjudged that the Judgment of the said Circuit Court in said cause be and the same is hereby Reversed and annulled & that the cause be remanded to said Circuit Court with directions to await a Venire facias de novo.

You, therefore, are hereby commanded that such proceedings be had in said cause, as according to right and justice, and the laws of the United States ought to be had, the said Writ of Error notwithstanding: Witness the honorable John Marshall, Chief Justice of said Supreme Court, the first second Monday in February January in the year of our Lord one thousand eight hundred and twenty seven.

Wm Thos. Carroll
Clerk of the Supreme Court of the United States.

 

414 214 444 Trials 113

Moore & al
vs
Derrick & al

no 65

Mandate

Filed May 15. 1827